Those mean old appeals judges: now they’ve gone and reversed a Texas jury’s $10.5 million award against the city of Galveston and the lessee of its Flagship Pier on behalf of the survivors of a couple whose car, rolling backwards, broke through railings and plunged into the water one night in 1996. The court ruled that the defendants, by failing to erect a stronger guardrail, had not injured the couple willingly, wantonly or through gross negligence as specified under state law dealing with recreation facilities. “Medical evidence presented at the trial showed that [Kenneth Wayne] Garza, who had been convicted on numerous occasions for drunken driving, and [passenger Dorey] Fabian were legally drunk, but the jury found Garza only 10 percent accountable for the accident.” (Carter Thompson, “Flagship accident verdict reversed”, Galveston County Daily News, Aug. 26).
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